HomeMy WebLinkAboutO-18-10 Walls & FencesORDINANCE NO. 0-18-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING LAND DEVELOPMENT CODE SECTION 54-2-7.7
REGARDING WALLS AND FENCES; PROVIDING FOR
SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds it is in the public interest to modify and update
certain provisions of the walls and fences code; and
WHEREAS, the Local Planning Agency held a public hearing on October 18, 2018, and
made a recommendation to City Council to approve Ordinance 0-18-10.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby
amended as follows:
ARTICLE VII. GENERAL REGULATIONS
Sec. 54-2-7.7. Walls and Fences.
(a) General regulation of walls and fences.
(1) Permit required. Except as provided in subsection (4)M, it shall be unlawful for
any person, association, corporation or other entity to install, erect, alter, or
located a fence or wall within the city without first obtaining a fence permit for
such activity. Notwithstanding the foregoing, a fence permit shall not be required
for the replacement or repair of an existing fence or wall unless the replacement
or repair cost exceed 50% or more of the value of the fence or wall before its
repair or replacement.
(2) Application procedures. Application for a fence permit under this section shall be
made to the building official and shall include the following:
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a. A survey prepared by a licensed surveyor of the State of Florida;
b. The location, length and height of the proposed fence or wall;
C. A description of the materials contined in the proposed fence or wall; and
d. Location of any fire hydrant adjacent to the property.
(3) Issuance of permits. The building official shall issue a fence permit to an
applicant under this section upon his finding that the propose fence or wall is in
compliance with the provisions of this article and all other pertinent state and
local regulations, and upon payment of the appropriate fee. Fence permits issued
under this section shall be subject to all other rules and regulations pertaining to
fence permits in general.
(4) Construction to withstand forces of nature. All fences and walls shall be
constructed to withstand the force of wind and to allow, and not inhibit, divert or
alter, the free flow of surface water from the natural course it followed prior to
installation of the fence or wall.
(5) Posts and supporting members. If the posts or supporting members of a fence or
wall are placed in or upon the ground, the posts or supporting members shall be
treated or composed of materials resistant to decay, corrosion and termites.
(6) Maintenance. All fences and walls shall be maintained in good repair, in a non-
hazardous condition, and shall not be allowed to become dilapidated.
(7) Height. The height of a fence or wall shall be determined from the highest point
of the ground in an eight -foot run lying directly beneath the fence or wall. Berms
shall not be considered as part of the ground.
(8) Temporary construction fences. The building official may require and approve
temporary construction fences fcr a pricy ARt *A ANAR d IM $a3'3._TeFaPOraf�j
ecimYsacYiu. fsr.=.4 cr:crcc cf—l$d layc Onall raeeive app:aval b;; Vie pl:rsir.,
wA mriff.g commission. includins those installed as Dart of a Storm Water
Pollution Prevention Plan (SWPPP). and which shall be removed no later than ten
days after construction is completed. If the construction fence is in Dlace for more
than 180 days, the buildine official may re -review the necessity of the fence.
TemDorary construction fences are exempt from nermittine and heieht
reeulations.
(b) Types offences and walls permitted. Find,
Of
e€at 1ra:I, e:ma a/rftliw�i:ii braags e€rnaterral
(1) Fences and walls shall be constructed and/or coma_ osed of at least one of the
following grouns of materials:
a. Termite -resistant species wood or wood which has been treated to resist
rot and termites;
Mb. Steel posts and wire fabric of a minimum 11 %z -gauge galvanized or other
non -corrodible metal;
(c. Ornamental iron;
(4)d. Concrete or masonry;
(3)e. Plastie Vinvl (PVC) or similar composite.
(2) Anv nortion of a fence or wall that faces a dedicated street right-of-wav shall
direct the finished side of that nortion of the fence or wall towards the street.
(e) Fences and walls in residential areas.
(1) Height of walls and fences. Fences and walls, not exceeding six feet in height,
may be placed along the boundary of a lot on that portion of the lot lying behind
the front setback line and behind the front of the main structure. Fences and walls
placed in front of the main structure shall not exceed four feet in height:
The communitv development director may aoorove a variance to this section for a
fence higher than six feet. but not higher than eight. and orescribe appropriate
terms. provided the following conditions exist:
a. The finished floor elevation (FFE) of the residence is a minimum 24
inches above the finished grade at the oronertv line(s) where a higher
fence is proposed, provided the line is not within a secondary front vard;
or
b. The FFE of the residence on the adiacent propertv(ies) is a minimum
24 inches higher than the FFE of the residence reauesting a higher fence;
and
c. The higher fence will be placed on that nortion of the line lvinz behind
the front of the adiacent neighboring main structure on the side(s).
The board of adiustment must review all variance rea_uests. which do not meet the
above reouirements.
(2) Exception to height regulations for walls and fences. Notwithstanding the
provisions of 54-2-7.7(c)(1) of the Sebastian Land Development Code, fences and
walls, not exceeding eight feet in height, may be placed along the boundary of a
lot on that portion of the lot lying behind the front setback line and behind the
front of the main structure on any of the following residential lots adjacent to
Fellsmere Road, also known as County Road 512, in the City of Sebastian:
Lots 1-8, Block 41, Sebastian Highlands Unit 1
Lots 2-19, Lot 28, Block 59, Sebastian Highlands Unit 2
Lot 16, Block 68, Sebastian Highlands Unit 2
Lots 147 - 154, San Sebastian Springs
Lots 1-6, Roseland Acres
In addition, tennis court enclosures, not exceeding ten feet in height, may be
placed along the perimeter of said tennis court(s). The fence enclosures(s) shall
not be located closer than ten feet from the side and rear property lines and shall
not be located in any easement(s).
(3) Walls and fences on corner lots. Notwithstanding the provisions of 54-2-7.7(c)(1)
or 54-2-7.7(c)(2), fences and walls six feet in height may be erected on a comer
lot Drovided thev do not extend into the required se_condary front vard setback
area. Fences and walls that extend into the secondary front vard setback area shall
not exceed four feet in height and meet the movisions of section 54-2-7.10. fear
�to six feet in height may be 1.. aced to the front e f the front sedal,l IiLi i4ang--the
btuniay z` the .,....arida`ffent rd of an ea corner le« n l.. «1
i.along
e c
;d walls . heed . long the 1.,....,.1...... 9 tli--. -u y 1.1fen« yard o f a .ed
czrair lzi must be laeated 1->u-.4 Vis £eitsue.
a. I\-:Yrc 3 rzrt y&A. Fa=purgeses e€ this "primm;
the ctraat and Iho ivV). of tha nuier.:tvztuM Ihz Oot:aat - hars tho
primary axtranc✓o th.:.main aln;c:urz1`3 h catzd-
b. Seeend .:; Fart yz d. For purposes of this pffagfapksubsection, the term
"secondary front yard" shall mean the yard of an improved corner lot
located between the street and the wall of the main structure facing the
street where the primary entrance to the main structure is not located.
(4) Trellis structures. Trellis structures that do not form a barrier may be erected at
any location on a lot except within visibility triangles or dedicated easements.
Such trellis structures need not satisfy the height limitation and restrictions for
residential fences and walls provided in this subsection.
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(d) Fences and walls in nonresidential districts.
(1) All commercial and industrial zoned properties that are being utilized for
residential purposes shall comply with the requirements set forth in section 54-2-
7.7(c).
(2) Fences and walls not exceeding eight feet in height may be permitted upon
approval of the planning and gfe• ih m mentcommunity development
director. The planning and zoning commission must approve all fences and walls
exceeding eight feet in height. The action of the planning and grwmh
Suet, appeal shall 1'e filed with the Tann and growth Faa fat ,7,.....,wm t
»yi.� ., planning .. yv w�:-zip sYmszac��cxc
within b
direeter. The request4er—tlu appeal Miall mreefflixgth
disputed issues in the planning and gfewth Fnanaggefaent direetsr'.,; astions,
(3) Reauired screens for earhave, refuse, and recvclinQ dumnsters. Notwithstandina
anvthing to the contrary contained in this section, all garbage. refuse. and
reeveling dumnsters, reeardless of the siting on the oronertv. shall be screened on
all four sides by masonry wall, fencing. or other materials permitted hereunder, at
least six feet in heie_ht, and rendering the view of said dumpster invisible from
adiacent properties and public rights-of-way. All or000sed refuse dumpster
screens must be approved by the building_ official through the issuance of a fence
permit in accordance with procedures set forth in section 54-2-7.7(a).
(e) Fences within easements.
(1) Fence permit required. It shall be unlawful for any person, association,
corporation or other entity to erect a fence or wall within any easement unless a
fence permit for the fence or wall is obtained pursuant to section 54-2-7.7(a) prior
to the erection of the fence or wall, and the fence or wall is constructed of the
materials listed in section 54-2-7.7(b)(1), (2) and (5). Prior to city approval of the
permit, the applieant propertv owner shall provide the city an recorded affidavit
from the helder(s) of the a ent stating that the helder. s) has (have) .,
eb}eetien 3 the paxmtit approval. acknowledging that the fence or wall will be
located in an easement. and that the city or utilitv comnanv is not responsible for
anv damages to the fence or wall if thev need to access the easement area.
(2) Property owner responsible for removal cost. Any fence or wall proposed to be
installed within a utility or drainage easement that accesses, abuts or provides the
city or utility company with a maintenance area to lot line ditches, canals,
drainage tracks, or rights-of-way, may be of a permanent or temporary nature.
However, if the city or utility company should later determine that removal of the
fence or wall is necessary for the installation, maintenance, repair or replacement
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of the drainage or utility facility, the property owner shall be required to remove
the fence or wall within five days of the owner's receipt of written demand for
removal from the city or utility company. All cost incurred in the removal and
replacement of the fence or wall shall be the responsibility of the property owner.
The citv may remove anv_ fence or wall within the easement, as needed, in cases
of emereencv.
(3) Maintenance. With the exception of drainage ditches maintained by others, the
property owner shall be responsible for the maintenance of all property within a
utility or drainage easement regardless of the placement of the fence or wall. The
city nw; rievrrr:cany r Ftee , all within the eassmcrt., t-- ncadei, iA ctcx if
may.
(i) Prohibited fences and walls.
(1) Prohibited types of walls and fences. It shall be unlawful to erect, construct,
install or maintain the following structures:
a. A fence of wall within six feet of a fire hydrant;
b. A fence or wall within any street right-of-way;
C. An electricity charged fence or wall;
d. A fence or wall in a dilapidated condition which appears to be neglected,
unkempt, or in substantial disrepair, in whole or in part, and as a
consequence thereof is either unsound, hazardous or ineffectual;
e. Any fence or wall containing hazardous substances such as broken glass,
barbed wire, (except as provided in paragraph (2) below), spikes, nails,
wire, or similar materials designed to inflict pain or injury to any person or
animal. Any fence constructed of such material shall be deemed to be a
public nuisance.
(2) Barbed wire fences. Barbed wire fences may be „e- ««ea by the _,awing an'
Bening 'trrrrircytr. administrativelv approved by the community development
director in commercial and industrial districts if the proposed fence is a minimum
of six feet and a maximum of eight feet in height and topped with no more than
three strands of barbed wire, and pursuant to section 54-2-7.7(a). No part of any
such fence may extend beyond the boundaries of the property of which it is
installed.
(g) n,,,...h.ed ......,,en:9 A ....,...age ..,,a..e a.,.....,...,..., nr,.«...:«w..ttAalnb i71.%%ing4e4he
e eentain:!' in this sa-etktn, t;2 gwh s, r FJt1 dmmyc:"", regardless of «l e
o6o&C cit the prapeA• shall be enea e " ku: sides by maacA:}• waw, i'ancinb
3
or Athpr meott ;al:; —i ed l� rxrrlc:, at I*"- ci,; fxt is height,and rendering th
view of said dumps a::avisibla f.3n1 adff6PH01 aai p,4 -4i Fi,.w�-
All propesel rsf,:33 JAnp2:sr sc:asr.-- iwuJ ba appreved by the build"in1g; afSc:Sl
through the :�;zAizee of a fenee pannit in aic3rdance with perailurrs cI feelf. in
seetitr. f 1 2 "<a}
(Q) Anneals. Any actions of the community develonment director as allowed by section
54-2-7.7 may be annealed oursuant to section 54-1-2.2(d). Such anneal shall be filed
with the community develonment denartment within ten working days after action of the
community development director. The reauest for the anneal shall include information
conceming the disputed issues in the community develonment director's actions.
Section 2. Severability. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected
and it shall be presumed that the City Council of the City of Sebastian did not intend to enact
such invalid provision. It shall fiuther be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 4. Codification. The sections of the ordinance shall be codified within part
of the City Land Development Code and may be renumbered or re -lettered to accomplish
such, and the word "ordinance" may be changed to "section," "division," or any other
appropriate word.
Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Kinchen . The motion was seconded by Councilmember McPartlan
and, upon being put to a vote, the vote was as follows:
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Councilmember Ed Dodd ave
Councilmember Jim Hill aye
Councilmember Albert Iovino aye
Councilmember Linda Kinchen aye
Councilmember Bob McPartlan aye
23rd
The Mayor thereupon declared this Ordinance duly passed and adopted thisxaday of
January, 2019.
rA116*111
eanette VPiliiwns :f�MC
City Clerk — —
F
CITY OF SEBASTIAN, FLORIDA
Approved as to form and legality for
reliance by the City of Sebastian only:
< Z�
James Stokes, BCS
City Attorney